The government devolved on the Secretary, Nathaniel Rice, who was qualified as governor, at Edenton, on the 17th of April, 1734. His administration was of a very short duration, for, during the summer under the recommendation of Spence Compton, Baron of Wilmington, GABRIEL JOHNSTON was appointed governor. He arrived in the River Cape Fear, in October 1734, and in November, he took the oaths of office, in the town of Brunswick, at the Court House in the precinct of New Hanover.

Governor Johnston was a Scotchman by birth, a man of letters and of liberal views. He was by profession a physician, and held the appointment of Professor of Oriental Languages in the University of Saint Andrews, where he had received his education. He was an able poetical writer, and figured in "the Craftsman," a periodical for which Lord Bolingbroke, Pulteney and others wrote.

He met the Legislature at Edenton. His addresses to them show that he fully appreciated the lamentable condition of the colony, by the imprudence and vicious conduct of his predecessor, and his earnest desire to promote the welfare of the people.

At the next session (September 1736) he again addressed the House, bewailing the deplorable condition of the colony; the loose morals of the people; the want of provision for education; the disregard of law; the violation of justice; the oppression of the poor; and the contempt of all law by the rich; and concluded by observing, "that while he was obliged by his instructions to maintain the rights of the crown, he would show a regard to the privileges, liberties and happiness of the people."

In March 1736, the Assembly having imprisoned his Majesty's officers for distraining for quit rents, the governor dissolved them, so as to put a stop to practices in them so derogatory to the crown and subversive of order.*

Under his prudent administration the colony revived, and from this period increased in population, wealth and resources.

This year (1738), commissioners ran the line between North and South Carolina. The king had fixed its beginning at the north-east of Long Bay, to run thence north-west to 35° north latitude, thence west to the South Sea. The commissioners on the part of North Carolina were Robert Holton, Matthew Rowan, and Edward Mosely. The commissioners began at a cedar stake on the sea shore, by the mouth of Little River, and having run a north-west line until they arrived, as they conceived to 35°, they altered their course by "mutual consent" and ran west to the Pee Dee. This stopped the line for the present. Afterwards, it was extended twenty miles by private persons. It was continued in 1764. This was taken for the true line, according to Governor Tryon's proclamation (May 1765). Governor Martin, some years after (1771), informed the Assembly that he was instructed to continue said line as far as the Salisbury road, thence until it strikes the lands of the Catawba In

* Manuscripts from offices of Board of Trade in London.

dians, thence leaving those lands to the south, to the Catawba River, then due west. The ridiculous zigzag that our southern line presents, was the effect of private intrigue.*

The primary division of the province into three counties, Albemarle, Bath, and Clarendon, was in 1738 abolished; the precincts were now called counties, and a sheriff appointed for each, chosen by the governor, out of three persons recommended by the county court for this purpose.

In February 1742, six northern counties refused to pay taxes, owing to their dissatisfaction as to the representation of members for the Assembly. Jurors refused to attend courts.†

France having declared war against England (1744), the defenceless seaboard of North Carolina received the attention of the Legislature. A fort was ordered to be built sufficient to mount twentyfour pieces of cannon, on the south bank of Cape Fear, by the Legislature which met at Newbern about 1745, and was called, in honor of the governor, Fort Johnston.

In 1749, a printing press was imported into the province by James Davis, from Virginia.‡

The people known as Unitas Fratrum, or United Brethren, obtained an act of Parliament authorizing them to establish settlements on the American Provinces. They purchased of Lord Granville, one hundred thousand aeres between Dan and Yadkin, and named it Wachovia, after an estate of Count Zinzendorff in Austria. This land was conveyed to James Hutton, who was Secretary to the United Brethren, in trust for the brethren. During our Revolution (1776) it was conveyed by Hutton to Marshal, and by act of our General Assembly in 1782, secured to the proper

owners.

1749. Emigrants from west of Scotland flocked to the Cape Fear about this period.

The boundary line between Virginia and North Carolina, which had been run from the sea shore to Peter's Creek, which falls into Dan River, near the Sauratowns, was continued this year to the Holstein River, opposite to a place called Steep Rock. The commissioners of Virginia were Joshua Fay and Peter Jefferson; those of North Carolina, William Churton and Daniel Weldon.

The computation of time was this year (1750) altered by act of Parliament. Hitherto, the year commenced in March. The day following the 2d September 1752, was reckoned the 14th, omitting eleven days.

The first revisal of the colonial laws was made this year (1752) in a small folio volume; it received the nickname of "Yellow Jacket," from the yellow hue of its binding.

* Williamson, ii. 54.

Manuscript documents from office of Board of Trade in London; procured through Hon. George Bancroft, late envoy at that court.

Martin, ii. 54.

Governor Johnston's official dispatch to the Duke of New Castle, dated April, 1739, states "that having called a new Assembly, they had passed many beneficial laws. One, granting the king a rent roll; one for the improvement of trade; one for speedy administration of justice. That, after five years' struggle, during which no means had been left unattempted to induce him to depart from his instructions, he had brought matters in this unhappy country to system, where disorder had before reigned, and placed it on a firm foundation."*

Under the administration of Governor Johnston, the province increased in population, wealth, and happiness. At the time of the purchase by the crown, its population did not exceed thirteen thousand; it now was upwards of forty-five thousand.

Its exports were 61,528 barrels of tar; 12,055 barrels of pitch; 10,429 barrels of turpentine; 762,000 staves; 61,580 bushels of corn; 100,000 hogsheads of tobacco, besides pork, beef, bacon, lard, and other commodities.

Governor Johnston died this year, August, 1752, after presiding over the province for nearly twenty years.

He deserves the gratitude of every citizen of the State as a statesman, a scholar, and patriot. While these pages feebly present his services to the State, his name is preserved in calling the patri- . otic and public spirited county of Johnston in honor to his memory.

On his death, the administration devolved on Nathaniel Rice, the first councillor named in the king's commission, who dying in January following, was succeeded by Matthew Rowan, the next councillor, who qualified at Wilmington on the 1st of February, 1754, and met the Legislature at Newbern, on the 23d of March following.

Nothing of exciting interest occurred during the administration of President Rowan, save, the issuing of forty thousand pounds in bills of credit; the erection of a county in honor of his name, and the liberal appropriation of many towards building churches and purchasing glebe lands to support its ministers.

Rowan's official dispatch to the Duke of New Castle, states (1754) that he had received a requisition from Virginia for military aid; that he had sent nine hundred and fifty effective men.

The colony then had a population, as stated by Rowan, of militia, 15,400; exempts, 1,000; outposts, 1,500; slaves, 10,000. Governor Dinwiddie, of Virginia, sent an express to President Rowan of the alarming movements of the French on the Ohio, and that GEORGE WASHINGTON had been sent thither to examine and report; that he had ascertained the French had taken post on one of the branches of that river, built a fort, and engaged the Indians to join them. He desired the aid of men from North Carolina.

The President issued his proclamation for the Legislature to assemble at Wilmington on the 19th of February, 1754, who met

MS. documents from London relating to Carolina, from 1662 to 1769, procured by kindness of Hon. George Bancroft, late envoy from United States to England.

and appropriated one thousand pounds to the raising and paying such troops as might be raised to send to the aid of Virginia.

Colonel James Innes, of New Hanover, marched at the head of a detachment, and joined the troops raised by Virginia and Maryland. But no provision being made by Virginia for supplies or conveniences, the expedition was countermanded, and Colonel Innes returned with his men to North Carolina.

CHAPTER VII.

FROM 1754 TO 1765.

Arthur Dobbs, governor (1754)-His conduct-His officers-People seize and imprison Lord Granville's agent-Courts of law held in each district, 1762-On the death of Dobbs (1765) Tryon succeeds.

ARTHUR DOBBS was appointed Governor by the crown in 1754, and in the fall he arrived at Newbern.

Governor Dobbs was a native of Ireland, a man of letters and liberal views. He had been a member of the Irish Parliament, and distinguished for his attempts to discover, through the Hudson Bay Company, a north-west passage to Japan, China, and India.

He brought, as an acceptable oblation, several pieces of cannon and one thousand firelocks, a present from the king to the colony.

He brought to the colony a more powerful advocate for rights of the people, than arms. Rice, a printer, is encouraged to carry on

his business.

In an official dispatch (December, 1757) Governor Dobbs gives a wretched account of the state of quit-rents, misconduct of Rutherford and Murray, who raised factions against the Governor, and a curious record of "Mr. Starky, the treasurer, who governs many in the Assembly by lending them money.

Governor Dobbs was qualified at Newbern on 1st of November, 1754. He was accompanied by a number of his relations, who had hopes of offices and preferments.

He adopted measures to conciliate the Indian tribes, now important by the advances of the French on the Ohio. He commissioned Colonel Hugh Waddell, of Rowan County, to treat with the Catawbas and Cherokees.

"A storm, or hurricane, happened in North Carolina, which began on Monday, September 20, 1761, and continued till Friday following, but raged with most violence on the 23d.

"Many houses were thrown down, and all the vessels, except one,

*MS. papers relative to Carolina (tempus Geo. II.) procured from offices in London, through Hon. George Bancroft, late envoy to that court.

in Cape Fear River, driven on shore. It forced open a new channel for that river, at a place called the Haul-Over, between the Cedar House and the Bald Head. This new channel was found on soundings to be eighteen feet deep at high water, and is near half a mile wide.'

Governor Dobbs' administration of ten years was a continued contest between himself and the Legislature on matters frivolous and unimportant. A high-toned temper for royal prerogatives on his part, and an indomitable resistance on the part of the colonists. One incident will prove the spirit and conduct of both parties.

A bill had been introduced in the upper House for the appointment of a printer to the province, and rejected by the other. The governor announced to the lower House that he had appointed Andrew Steuart printer to the king, and required them to make provision for his salary. The House replied that they knew no such office, and of no such duty.t

Superior courts of justice were established in the districts of Edenton, Newbern, Wilmington, Halifax, and Salisbury, to be held semi-annually by the chief justice and one associate.

The people were much oppressed by Lord Granville's agents. They seized Corbin, his agent, who lived below Edenton, and brought him to Enfield, where he was compelled to give bond and security, to produce his books, and disgorge his illegal fees.

Governor Dobbs died at his seat on Town Creek, 28th March, 1765, in the 82d year of his age.

The persons who composed his council during his administration were James Hassel, Mathew Rowan, James Murray, Francis Corbin, John Dawson, Lewis H. DeRossett, John Rieusett, James Jones, John Swann, John Rutherford, Richard Spaight, Edward B. Dobbs, Charles Berry, John Sampson, Henry E. McCullock, Alexander McCullock, William Day, Robert Palmer, and Benjamin Herron. The judges were James Hassell, Peter Henly, Charles Berry, George Nicholas, Joseph Anderson, and Charles Elliott. Thomas Childs, Attorney-General.

* London Mag., Dec. 1761.

† Martin, ii, 189.